[Ord. 91-1, 7/8/1991, § 1; as amended by Ord. 97-7,
10/13/1997, § 20-301]
This part shall be known and may be cited as the "Municipal
Waste and Recyclable Collectors Registration Ordinance."
[Ord. 91-1, 7/8/1991, § 2]
As used in this part, the following terms shall have the meanings
indicated:
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous materials resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual waste or hazardous
waste in the Solid Waste Management Act (Act 97), 35 P.S. § 6018.101
et seq., and the Municipal Waste Planning, Recycling and Waste Reduction
Act (Act 101), 53 P.S. § 4000.101 et seq., from a municipal,
commercial or institutional water supply treatment plant, wastewater
treatment plant or air pollution control facility, but excluding source
separated recyclables.
Any collector registered pursuant to this part and the regulations
established by resolution adopted hereunder, and pursuant to any intermunicipal
agreement subsequently executed by New Hanover Township with Montgomery
County or other municipalities.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties. In any provision of this part prescribing a
fine, penalty or imprisonment, or any combination of the foregoing,
the word "person" shall mean the officers and directors of any corporation
or other legal entity having officers and directors.
Only those materials required to be recycled, pursuant to
the provisions of regulations established by resolution adopted hereunder,
as revised from time to time.
Any individual, fun, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties, which owns, leases or occupies a property located
in New Hanover Township used as a residence and containing four or
less dwelling units.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
[Ord. 91-1, 7/8/1991, § 3; as amended by Ord. 04-6,
9/27/2004, § 3]
1.Â
Registration. Every person desiring to engage in, continue to engage
in or hereafter to begin to engage in the business of collecting,
removing, transporting or hauling municipal waste and recyclable materials
from any property in New Hanover Township shall first register with
the Township. Such registration shall be for a period of one year
beginning January 1 of the year in which the registration occurs.
2.Â
Collection Equipment and Transportation Vehicles. The collection
equipment and transportation vehicles used for the collection of municipal
waste shall be of the closed metal body type with an automatic compactor
unit. Said vehicles shall, at all times, be in good and proper mechanical
condition and in compliance with the minimum safety and sanitary regulations
of the Commonwealth of Pennsylvania. All such vehicles shall be specifically
designed to prevent leakage of any liquid or fluids. Other type vehicles
may be used only for the collection of recyclable materials; provided,
such items are separately collected in accordance with other regulations
adopted hereunder. The municipal waste and recyclables so collected
shall be suitably enclosed or covered so as to prevent roadside littering,
attraction of vermin or creation of other nuisances. The collection
equipment and transportation vehicles shall be kept in clean and sanitary
condition.
3.Â
Certificates of Insurance. No person shall be entitled to register
with the Township as a collector unless such collector can show certificates
of insurance covering public liability for both bodily injury and
property damage, owners' and contractors' protective insurance and
automobile insurance with respect to personal injuries and property
damage. Such insurance shall be in amounts that shall be, from time
to time, set forth by the Board of Supervisors of New Hanover Township
by regulations established by resolution adopted hereunder. Each and
every policy of insurance herein mentioned which is required pursuant
to the terms of the Part shall carry with it an endorsement to the
effect that the insurance carrier will convey to New Hanover Township,
by certified mail, written notice of any modification, alteration
or cancellation of any such policy or policies or the terms thereof.
The above mentioned written notice shall be mailed to the Township
at least 30 days prior to the effective date of any such modification,
alteration or cancellation.
4.Â
Collection Procedures. Municipal waste collectors shall not be required
to collect municipal waste of any resident where it is obvious that
recyclable materials have not been separated pursuant to this part.
5.Â
Rates Schedule. Each municipal waste collector shall, annually, file
with the Township a rate schedule showing the rates to be charged
to its customers for the collection of municipal waste and recyclable
materials. Such rate schedule shall not be changed by the municipal
waste collector without first giving notice to the Township at least
30 days prior to the effective date of such change. Each municipal
waste collector shall also file with the Township, annually, or upon
changes of the routes, a map showing the areas of the Township in
which it operates and a timetable setting forth the days of collection.
6.Â
Registration Fee. At the time of registration, the collector shall
pay to the Township a registration fee in an amount and form as may
be adopted, from time to time, by resolution of the Board of Supervisors
of New Hanover Township.
7.Â
Reporting. The municipal waste collectors shall be responsible for
obtaining all weight and volume of quantity data. Such data shall
be supplied to the Township on a quarterly basis, and the fourth quarter
data shall be supplied to the Township by January 15 for the preceding
year, so that the Township may submit reports in accordance with Act
101 and other applicable laws and submit applications for recycling
performance grants.
[Ord. 91-1, 7/8/1991, § 4]
Any person who shall violate the provisions of this part shall
receive an official written notice of noncompliance from the Township
for the first and second offenses. Thereafter, all such violations
shall be subject to penalties hereinafter provided.
[Ord. 91-1, 7/8/1991, § 5]
The collection of municipal waste and recyclable materials by
municipal waste collectors shall be made in compliance with the regulations
to be adopted by the Board of Supervisors of New Hanover Township
to carry out the intent and purpose of this part. Such rules and regulations
shall be approved by resolution of the Board of Supervisors of New
Hanover Township; and, when so approved, shall have the same force
and effect as the provisions of this part. The said rules and regulations
may be amended, modified or replaced by resolution of the Board of
Supervisors of New Hanover Township.
[Ord. 91-1, 7/8/1991, § 5A; as added by Ord. 97-7,
10/13/1997, § 20-306]
No vehicle intended solely for domestic collection shall operate
on any street, roadway, cartway, public thoroughfare or highway while
not in the normal course of domestic solid waste collection for customers
or constituents within the Township of New Hanover and further, no
vehicle intended solely for domestic collection as herein identified
shall operate on any of the streets, highways, roadways as aforesaid
except from the hours of 5:00 a.m., prevailing time, to 2:00 p.m.,
prevailing time, Monday through Saturday.
[Ord. 91-1, 7/8/1991, § 5B; as added by Ord. 97-7,
10/13/1997, § 20-307]
1.Â
No vehicle transporting, transferring or delivering garbage, rubbish
or solid waste of any nature shall operate on any street, highway,
alley way, cartway, public thoroughfare or other roadway with the
intention of delivering the garbage, rubbish or solid waste collected
therein to a site or facility situate within the perimeters of the
Township except as may be established as follows:
A.Â
Access to the site or facility shall be limited to normal operating
hours of that facility in all circumstances as hereinafter otherwise
specifically identified.
B.Â
No vehicle transporting, transferring or delivering garbage, rubbish
or solid waste as defined in this part shall operate on any of the
streets, highways, roadways as aforesaid except from the hours of
8:00 a.m., prevailing time, to 5:00 p.m., prevailing time, Mondays
through Fridays. No vehicle of any type shall operate to transport,
transfer or deliver solid waste to such a solid waste site or facility
at any other time, nor shall any vehicle be parked or staged on any
street, highway or roadway in anticipation of the opening of such
facility except in compliance with this part. In addition, the site
or facility shall not be accessible to vehicle deliveries on the following
holidays: Christmas Day, New Years Day, Thanksgiving Day, Good Friday,
Labor Day, Memorial Day, Fourth of July.
C.Â
The hours of operation and other regulations or restrictions regarding
registration of such vehicle and access to the site or facility shall
be prominently displayed on a sign at the entrance to said facility,
said sign having the minimum dimensions of three feet in width by
four feet in height with lettering thereon to be legible from the
nearest road surface thereto or at a distance of 50 feet, whichever
distance is greater.
[Ord. 91-1, 7/8/1991, § 6; as amended by Ord. 97-7,
10/13/1997, § 20-308; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this part continues
or each section of this part which shall be found to have been violated
shall constitute a separate offense.
